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UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D. C. 20549

FORM 8-K

CURRENT REPORT

Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934

Date of Report (Date of earliest event reported): October 26, 2004

ENCORE ACQUISITION COMPANY

(Exact name of registrant as specified in its charter)
         
Delaware
(State or other jurisdiction
of incorporation)
  001-16295
(Commission
File Number)
  75-2759650
(IRS Employer
Identification No.)
     
777 Main Street, Suite 1400, Fort Worth, Texas
(Address of principal executive offices)
  76102
(Zip Code)

Registrant’s telephone number, including area code: (817) 877-9955

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:

     o  Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

     o  Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

     o  Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

     o  Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

 


TABLE OF CONTENTS

Item 1.01      Entry into a Material Definitive Agreement
Item 2.02      Results of Operations and Financial Condition
Item 9.01      Financial Statements and Exhibits.
SIGNATURES
Press Release


Table of Contents

Item 1.01      Entry into a Material Definitive Agreement

     On October 26, 2004, the Board of Directors of Encore Acquisition Company, a Delaware corporation (“Encore”), approved indemnity agreements between Encore and its officers and directors (each an “indemnitee”). The indemnity agreements provide for indemnification by Encore of each indemnitee to the fullest extent permitted by Delaware law for claims relating to the indemnitee’s service as an officer or director, excluding any claim in which a judgment determines that the indemnitee personally gained financial profit or other advantage to which he was not legally entitled and acted in bad faith or was deliberately dishonest in a manner that was material to the claim. The agreements also provide for advancement of expenses relating to the indemnification obligations and obligate Encore to purchase and maintain liability insurance for each indemnitee’s acts as an officer or director.

Item 2.02      Results of Operations and Financial Condition

     On October 26, 2004, Encore issued a press release announcing quarter ended September 30, 2004 results. A copy of the press release is attached as Exhibit 99.1 and is incorporated herein by reference.

     The information being furnished pursuant to Item 2.02 of this Form 8-K shall not be deemed to be “filed” for the purposes of Section 18 of the Securities Exchange Act of 1934 (the “Exchange Act”) or otherwise subject to the liabilities of that section, nor shall it be incorporated by reference into a filing under the Securities Act of 1933, or the Exchange Act, except as shall be expressly set forth by specific reference in such a filing.

Item 9.01      Financial Statements and Exhibits.

     (c)      Exhibits

     The exhibit listed below is being furnished pursuant to Item 2.02 of this Form 8-K:

     99.1    Press Release Dated October 26, 2004

SIGNATURES

     Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned thereunto duly authorized.

         
  ENCORE ACQUISITION COMPANY
 
 
Date: October 26, 2004  By:   /s/ Robert C. Reeves    
    Robert C. Reeves   
    Vice President, Controller and Principal Accounting Officer